P. JUNJAPPA Vs. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

JUDGEMENT

(1.) These two writ petitions are filed by the respective petitioners under Article 226 and 227 of the Constitution of India. As identical questions are involved in both these petitions, as per the orders of this Court dtd. 24/1/2024, these two matters are posted together with the consent of both the parties. As common argument is heard in both these petitions, these two petitions are heard and disposed of together by passing common judgment, however, findings on facts and on law are separately dealt with.

(2.) In this petition, the petitioner has challenged the legality and correctness of the order dtd. 31/7/2019 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as Rs.KSAT'), wherein the petitioner's application seeking regularization of his service in the Forest Department was dismissed. By filing this petition, petitioner prays for quashing of the impugned order of KSAT and sought a writ of certiorari directing the respondents to grant regularization of his services along with all consequential monetary benefits.

(3.) The petitioner P. Junjappa, was engaged as a daily wage employee in Forest Department over a period of thirty years and has since then, discharging his duties as a Forest Watcher/Driver performing tasks equivalent to those assigned to regular employees. Despite rendering continuous uninterrupted service for an extended period, the petitioner's request for regularization was denied through endorsements dtd. 29/8/2016 (Annexures-A5 to A7), prompting him to seek redressal before KSAT. But, however, the KSAT, vide order dtd. 31/7/2019, dismissed his claim for regularization on the following grounds: